RICHARD SENCHERY
V.
KWABENA AGYEI & ANOTHER

(2019) JELR 65293 (CA)

Court of Appeal · CIVIL APPEAL NO.: H1/57/2017 · 29 Apr 2019 · Ghana

CORAM

OWUSU J.A. (PRESIDING), DZAMEFE J.A.,WELBOURNE J.A

Core Terms ^Beta

plaintiff

counsel

richard wireko

land

appeal

disputed plots

trial judge

c. i.

trial court

disputed land

rejection of the valuation report

above submissions

civil procedure

cross-examination

decision of the circuit court

evidence act

otumfour osei tutu ii

plaintiff’s claim

tendering of the valuation report

9-paragraph statement of claim

additional ground of appeal

additional grounds of appeal

attitude plaintiff

brief background of this case

case of the plaintiff

confirming party

court finds

court rules

effective date

favour of the adakojachie stool

favour of the defendants

following grounds

issue of the value of the property

kwamo chief

plaintiff’s defence wall

plot nos

properties of the plaintiff

purchase price

receipt of the record of appeal

respect of the said plot no.

said judgment

valid grant

MARIAMA OWUSU, J.A.

This is an appeal against the decision of the Circuit Court, Kumasi dated the 10^th of March, 2016. In the said judgment, the trial court held amongst other things as follows:

“That is why the court cannot declare that plot Nos. 134 ‘A’ and 134 ‘B’ are the properties of the plaintiff. The plaintiff’s claim (a) falls as the court finds that 2^nd defendant’s allocation of the disputed plots has no effect in law. With relief (a) crumbling, all the other related reliefs (b), (c) and (d) fall as well and therefore the court rules that the plaintiff is not entitled to his reliefs.

The court has been silent on the plaintiff’s claim that 1^st defendant destroyed the disputed plots. 1^st defendant destroyed plaintiff’s defence wall and blocks because the attempt by PW2 Prince Nicholas Nkrumah who described himself as a quantity surveyor to lead evidence on that claim failed miserably. It is however not in dispute that plaintiff paid consideration for the plots he bought from the 2…

RICHARD SENCHERY V. KWABENA AGYEI & ANOTHER

RICHARD SENCHERY
V.
KWABENA AGYEI & ANOTHER